Q: If I applied for a patent in US, then somebody stole it and done it in another country, like China as example, then if I
Then if I went to China and applied for a patent for the same device, which one of us will take the patent, me or him , if he already applied for a patent after stole it from Me in US ? , does this apply to any country I apply for a patent in it ? Like if I applied in Egypt, which will cost me little money compared to US, and I mean a locally patent, not pct, will I got the right of it in any country if I went to it and applied for the same patent, even when someone had already taken it after I published it and applied with it for a patent in the country I went to apply for it, which is different from the one I originally applied in it ?!!
A:
Patent treaties between countries do not allow this to happen (generally). Patents are country-specific and allow you to make, use, sell, and prevent others from doing the same in that country.
Requirements to get a patent:
1) Able to be used (the invention must work and cannot just be a theory)
2) New, or “novel” (something not done before)
3) “Not obvious,” as related to a change to something already invented
4) A clear description of how to make and use the invention (i.e., get help from a patent practitioner)
Your hypothetical ignores the second requirement, because the inventor must race to the patent office to be first in line. You have one year from the date of your patent application to file in other countries. If the patent examiner finds any evidence that there is a printed publication ANYWHERE in the world that predates your application, it is considered "prior art" that will prevent you from registering your patent either under the second requirement or the third requirement (when multiple publications are combined to result in your invention).
However, any country that you do not get a registered patent treats your application as publicly available so long as the invention is made in that country and is not exported to a country where your patent is enforceable.
So, if you register your patent in Egypt but not the U.S., then anyone in the U.S. can make your invention and sell it everywhere but Egypt.
A:
When you apply for a patent in the US, your protection is limited to the United States. If someone else takes your idea and files for a patent in China after you’ve already applied in the US, their patent would be valid in China, not affecting your US patent. Each country handles patent applications independently, so your US rights don’t automatically extend to other nations.
If you decide to apply for a patent in China after discovering the theft, your chances depend on the timing and whether your original US application was published. China follows a first-to-file system, meaning the first person to file the patent application generally gets the rights. If your application in the US was already published, it might be considered prior art, potentially preventing the other party from securing a patent in China.
This principle applies to other countries as well. Whether you apply in Egypt or elsewhere, each jurisdiction will assess the patent based on its own rules and the timing of applications. To protect your invention globally, it’s advisable to file patent applications in each target country as soon as possible. Consulting with a patent attorney can help you navigate the complexities and ensure your rights are secured in multiple regions.
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